On June 2, 2015, ALJ Theodore R. Essex issued Order No. 6 in Certain Electronic Products, Including Products with Near Field Communication ("NFC") System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing Same (Inv. No. 337-TA-950).
By way of background, this investigation is based on a February 6, 2015 complaint filed by NXP B.V. and NXP Semiconductors USA, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain electronic products, including products with near field communication system-level functionality and/or battery power-up functionality, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 7,412,230; 8,280,304; 8,065,389; 8,204,959; 8,412,185; and 6,590,365. See our February 17, 2015 and March 23, 2015 posts for more details on the complaint and notice of investigation, respectively.
According to Order No. 6, ALJ Essex denied a motion filed by Respondent Dell Inc. ("Dell") to amend the protective order to include a prosecution bar prohibiting attorneys who receive confidential information from amending claims of the asserted patents. Specifically, ALJ Essex determined that he "generally does not amend the Protective Order to include a prosecution bar" and "finds no compelling reason to amend the protective order to add the additional provision put forth by Dell." However, ALJ Essex noted that parties have entered into private party agreements relating to the prosecution bar in previous investigations.